View
231
Download
0
Category
Preview:
Citation preview
Happy Human Rights Day!
IGOS – Intergovernmental Organizations/ International Governmental Organizations UN - The United Nations. (ILO specialized UN Agency) IOM – International Organization for Migration ADB – Asian Development Bank ASEAN – Association of South East Asian Nations
INGOs – International Non-Governmental Organizations
(IRC - International Rescue Committee, MSF - Médecins Sans Frontières (Doctors Without Borders), AI - Amnesty International)
GOs- Governmental Organizations - NGOs- Non-Governmental Organizations -
Charter- Based Law from the United Nations Charter, applies to all
members of UN Treaty-Based Law
Must Join the Treaty Sign = will not go against“object & purpose” of
treaty Ratify = Consent/Agree to the Treaty Reservations to Articles – exceptions/disagree
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Convention of the Rights of the Child (CRC) Convention Against Torture (CAT) International Convention of the Protection of
the Rights of All Migrant Workers and Members of their Families (ICMW)
All persons in “territory” Non- Discrimination Clause:
Without discrimination of any kind as to “sex, race, color, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.”
Why special treaty for women? race? migrants?
Problems: Illegal Transportation of workers Exploitation of Workers “in conditions akin
to slavery and forced labour” Discriminatory Treatment of Migrant
Workers in Host States “Reinforces and Complements” –
provisions in main HR Treaties Only 42 Ratifications, 15 signatories
Minimum Standards apply migrant workers and families, IRRESPECTIVE of their migratory status
Preamble: Irregular migrants are frequently exploited and face serious human rights violations
Not only to address movement & trafficking of migrants, but ensure protection of their human rights
Comprehensive – Covers Everything!
PART 1: Scope & Definitions Without Distinction, ENTIRE Migration Process FAMILIES included.
PART 2: Non-Discrimination Clause PART 3: HR of all Migrants PART 4: Additional Rights for Migrants
Documented/Regular PART 5: Particular Categories PART 6: Promotion of sound equitable,
human and lawful conditions in connection with int’l migration
Does not relieve migrant workers from complying with laws of countries concerned
Does not imply the regularization of undocumented migrant workers
Art 39: Freedom of movement in Country of Employment & Freedom to Choose their Residence
Art 40: Form associations and trade unions Art 41: Participate Public Affairs in Country
of Origin (Vote) Art 44: Protect the unity of families of MW Art 45: Equality of Treatment with Nationals
for education, social & health services, and access to participation in cultural life
Emphasizes Cooperation between Countries
Services for : policy making and implementation Exchange of information Provision of Consular Services and other
services for MW Address irregular migration and
considerations for programs to regularize Human Dignity
HRC: no discrimination between aliens and citizens in application of ICCPR
CERD: eliminate discrimination against non-citizens “education for all” –open to non-citizens and
children of undocumented Working conditions and work requirements Non-citizen DW: debt bondage, passport
retention, illegal confinement, rape and physical assault
ILO – Conventions CEDAW – General Recommendation on
Migrant Women
COUNTRIES OF ORIGIN • Lifting Discriminatory Bans or
Restrictions on Migration • Education & Awareness Raising (Pre-
Departure) • Regulations & Monitoring Systems
(Employment Agencies) • Health Services Respectful of HR of Women
• Voluntariness (Not mandatory), free or affordable services, stigmatization
Travel Document - equal & independent access
Legal Assistance – review contracts Safeguard Remittances Facilitate Right to Return Services upon return – reintegration Diplomatic & Consular Protection –
interpreters, medical care, counseling, legal aid, shelter
Lifting discriminatory bans and restrictions on immigration
Legal protection of rights of MW DW & Sex workers in Labour Laws
Access to Remedies –making complaint, taking a case, free legal aid, temporary shelters
Freedom of Movement – employers/recruiters do not confiscate travel documents, train police needs of Women MW who are secluded
Non-discriminatory regulations: allow legal stay if flee abusive employer or husband
Training and Awareness Raising for recruitment agencies, state employees, law enforcement, social services
Monitoring Systems – recruitment and employment
Access to Services – language and culture Detention – esp. pregnant & breast-
feeding Social Inclusion Undocumented Women –vulnerable to
exploitation, protect all said rights.
Recommended